- 1 - HC-KAR NC: 2026:KHC:15643 WP No. 8347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8347 OF 2026 (GM-CPC) BETWEEN: G RAJESH S/O H. GOPALAPPA AGED 32 YEARS CONTRACTOR, R/O 5TH CROSS JCR EXTENSION, CHITRADURGA -577 501 …PETITIONER (BY SRI. R SHASHIDHARA., ADVOCATE) AND: 1. U G PRAKASH S/O K.H. UDUSALAPPA AGED 38 YEARS R/O 1ST CROSS, MUNICIPAL COLONY KELAGOTE, CHITRADURGA-577 501. 2. SAKAMMA W/O H. GOPALAPPA AGED 57 YEARS HOUSEHOLD WORK 3. G. RAKESH S/O H. GOPALAPPA AGED ABOUT 30 YEARS 4. G. PRAMILA D/O H. GOPALAPPA AGED MAJOR. 5. G. PRATHIMA D/O H. GOPALAPPA AGED MAJOR Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15643 WP No. 8347 of 2026 R2 TO R5 ARE R/O 5TH CROSS JCR EXTENSION, CHITRADURGA-577 501. …RESPONDENTS (BY SMT. VINITA J D, ADVOCATE FOR SRI H DEVENDRAPPA., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING THE ORDER PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AT CHITRADURGA ON IA NO. 4 IN OS NO. 56/2019 DATED 23.02.2026 VIDE ANNEXURE-E TO THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner–defendant No.1 has called in question the order dated 23.02.2026 passed by the Principal Senior Civil Judge and CJM, Chitradurga (hereinafter referred to as the ‘Trial Court’ for short) on I.A.No.4 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.56/2019 vide Annexure–E, whereby the said application seeking amendment of the written statement has been dismissed. - 3 - HC-KAR NC: 2026:KHC:15643 WP No. 8347 of 2026 2. The plaintiff has filed a suit for recovery of money in O.S.No.56/2019. The defendants, upon appearance, have filed their written statement. Based on the pleadings of the parties, the Trial Court has framed the issues, and the parties have adduced their evidence. When the matter was posted for the defendants’ evidence, the defendants filed I.A.No.4 seeking amendment of the written statement. The Trial Court, by the impugned order, dismissed the said application. Being aggrieved by the same, the petitioner is before this Court. 3. Though there is a delay in filing the application for amendment of the written statement, the petitioner- defendant No.1 is not seeking to withdraw any statement or admission made therein. In addition, the petitioner- defendant No.1 intends to incorporate certain additional defences by way of amendment of the written statement. 4. Therefore, in the interest of justice, the writ petition deserves to be allowed with certain conditions by setting - 4 - HC-KAR NC: 2026:KHC:15643 WP No. 8347 of 2026 aside the impugned order passed by the Trial Court. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned order dated 23.02.2026 passed by the Trial Court on I.A.No.4 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.56/2019 vide Annexure–E, is set aside. c) I.A.No.4 filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.56/2019 is allowed. d) The defendants are permitted to amend the written statement, subject to the condition that they shall pay cost of Rs.25,000/- to the plaintiff on or before the next date of hearing, i.e., 26.03.2026. e) It is also made clear that, if the defendants intend to cross-examine the plaintiff, they shall file an application for recalling the evidence of PW1. - 5 - HC-KAR NC: 2026:KHC:15643 WP No. 8347 of 2026 f) If such an application is filed, the Trial Court is directed to allow the same, subject to the condition that the defendants shall cross-examine PW1 on the date fixed by the Trial Court without seeking any adjournment. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 53